{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

CB Arizona v. Gant - licenses and was locked in the back of...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Arizona v. Gant 129 S. Ct. 1710 (2009) Fact: Procedural Facts: Trial court, convicted. Supreme court, reversed. Certiorari. Operative Facts: Rodney Gant was arrested for driving with a suspended licenses. He was handcuffed and locked in back of the patrol car. Police officers (under Belton ) searched his car and found cocaine and a gun in the car. Trial court admitted two charges, both drug related. Issue: Broad Question: Narrow Question: Was the Belton rule applied properly even though Gant was secured outside of the car, for a minor traffic violation? Rule: The Belton rule applies when the arrestee will have access to the passenger cabinets during a search to protect against possession of a weapon. Also officers search to preserve any evidence. Rational: The Belton rule was design to be an exception, and used not on a general basis, but just to protect officers from suspects grabbing a weapon, or destroying evidence. Holding: No the Belton rule was incorrectly applied to Gant. He was arrested for a suspended
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: licenses and was locked in the back of the patrol car. The Police did not have any reason to search the car because 1) he wasn’t in reach of his car during the search, and 2) there is no additional evidence that one should expect to find in the cabinet to aid in the suspended licenses violation. Synthesis: Dissent/Concurrences: Justice Scalia Concurring Thinks that they should abandon the Belton and Chimel rule because it taught police to be able to search regularly. He wanted to input a “reasonableness” standard to it. But because the courts were split, he went with the majority. Justin Breyer Dissenting The 2 part rule now introduce, has some flaws with it. First, it deals with case-by-case, fact-specific decision making, that Belton rule was adopted to avoid. Now officers also have to determine if they believe there is evidence contained in the vehicle of the crime of arrest. They would adopt Belton and reverse the judgment above....
View Full Document

  • Spring '11
  • Sobel
  • Supreme Court of the United States, Fourth Amendment to the United States Constitution, Rodney Gant, Arizona v. Gant, Belton rule

{[ snackBarMessage ]}

Ask a homework question - tutors are online